Oracle Mastermind - Coaching Agreement
To ensure our working relationship starts in the right way I’d like to provide you with some information so you can clearly understand what this Coaching Programme involves, how it will be delivered, what I expect from you, and lastly, what you can expect from me, and that’s the purpose of this Agreement.
This Agreement sets out the entire arrangement between us, and since we know reading legal documents is not the most fun, we’ve tried hard to make things as simple as possible. We’ve avoided using complicated legal terms or jargon as much as we can since we have no desire to trick or confuse you, we simply want to ensure that we start out on the right foot with total clarity on what is expected as we start work together on achieving your goals!
1. The Agreement
1.1. ( “You”) are agreeing to enter into a Coaching Programme (“the Programme”) with Rachel Plant of Rachel Alyce Ltd. Our business registration number is 12654485 (referred to in this document as “We”, “Our” or “Us”).
2. The Services
2.1. The Services (“Services”) we shall deliver as part of the Programme are as follows:
2.1.1. Mastermind Group Coaching Sessions over 4 months to be accessed by Google Meet or another online meeting facility (“the Sessions”), with appropriate breaks during holiday periods such as Christmas. If breaks are included they are added on to the package. For example, if we break for two weeks at Christmas, the two weeks will be added and completed in January,
2.1.2. Access to download a recording of each Session following the date of the Session;
2.1.3. Access to the training libraries and a private Telegram area for further support,
Any additional contact or support you request that is not included in the Services above
will require separate terms and conditions and separate fees will apply, this includes email
and messenger support.
2.2. Our delivery of the Services will be subject to these Agreement terms and you accept them
when you agree to purchase our Programme and provide payment or part-payment of the
Programme Fee, unless we agree in writing otherwise.
2.3. We shall confirm the date and time of each Session by providing you with the details of the
Session date and start time via Addevent. It shall be your responsibility to download Addevent to your calendar.
2.4. In the event we are required to reschedule a Session then we shall make all reasonable
attempts to provide you with as much notice as possible and to reschedule the Session
within a reasonable timeframe.
2.5. You agree and accept that since the Sessions are all group sessions, in the event you are
unable to attend a Session, or where you fail to attend a scheduled Session, then you shall
simply forfeit the right to that Session. Sessions will not be rescheduled if you are unable
to attend.
2.6. You shall have access to the Services for a period of 4 months.
2.7. In the event you are invited to attend in person meetings, events, retreats or similar then
you shall be responsible for arranging and funding your own travel and accommodation in
order to participate in such activities.
2.8. We reserve the right to make amendments, revisions or changes to the Programme or
cancel, amend, change or reschedule any part of the Programme as is reasonably required
by us. We shall not be liable to you for any changes or cancellations that are made
3. Your Obligations
3.1. You accept and acknowledge that entering into this Agreement does not establish any
form of legal business relationship and that we are only liable to you in respect of the
Services provided and to the extent as set out herein.
3.2. You accept that as part of your participation in the Programme that you may be required to
review and make decisions concerning your personal and home life, business and career,
finances, lifestyle, education and development and health and wellness and that any such
reviews, subsequent decisions, implementation and action will be your sole responsibility.
3.3. You accept and understand that participation in the Programme does not guarantee
success or results and that you are solely responsible for making decisions and taking
appropriate action as a result of anything covered during the Programme. As part of the
Programme you will have access to information, resources, people and support all
designed to benefit you and we shall not be liable for your failure to make decisions, put
into action plans or strategy, or for any results whether direct or indirect arising out of your
participation in the Programme or our delivery of the Services.
3.4. You accept and understand that purchasing this Programme is not a substitute for
professional therapy services. If you are currently undergoing medical or other professional
help concerning your mental health then you should provide your practitioner with details
of this Programme and inform us if appropriate and relevant.
4.3. If we have to cancel a Session then we shall use our best endeavours to provide you with
as much notice as possible and the session will be rescheduled.
5. Payment terms
5.1. Payment of the Fee shall be made via Stripe or Paypal.
5.2. The Fee must be paid within 48 hours from the date of the invoice.
5.3. The Fee shall be paid without any deduction or any withholding except as may be required
by law.
6. Late Payment
6.1. You shall be responsible for paying the Fee, or any instalment of the Fee, in full and on
Time.
6.2. If payment of the Fee is more than 7 days overdue and you have not notified us to why it is late, then a fixed administration fee of £100
shall be added to your account and we shall be entitled to withhold delivery of the Programme and Services until your account is brought up to date.
6.3. If payment of the Fee is beyond 7 days overdue then we shall be entitled to cancel our Agreement and seek recovery of the Fee along with any associated costs.
7. Refund Policy
7.1. No refund policy shall apply to your purchase of the Programme
8. Cancellation and Termination
8.1. This Agreement between us may be terminated by either one of us giving the other notice
by email in the following circumstances:
8.1.1. either one of us breaches a term of this Agreement, and where it is a breach
capable of remedy, fails to remedy that breach within 14 days of being notified
by the other person; or
8.1.2. either one of us breaches a term of this Agreement which is incapable of being
remedied; or
8.1.3. you provide us with 14 days’ notice to cancel this Agreement. Please remember
that no refunds apply and you will be liable for full payment of the Fee despite
giving notice of cancellation unless your cancellation is due to extreme
unforeseen circumstances that leave you unable to work, run your business or
pay for basic life necessities.
8.2. We reserve the right to limit delivery of the Programme or suspend, and/or terminate this
Agreement without refunding any Fee, whether paid, or remaining due, if we reasonably
determine that you are:
8.2.1. preventing us from delivering the Programme and the Services in any way. Such
behaviour shall include, but not be limited to, displaying a lack of interest in the
Programme or Services, repeatedly ignoring or failing to respond to emails or
other messages, communicating in a way which is abusive or intended to cause
offence; and/or
8.2.2. failing to follow or abide by any term of this Agreement, whether such action
constitutes a material breach or not.
8.3. Upon termination of this Agreement for any reason:
8.3.1. any Fee or other monies owing to us shall become immediately due and payable,
unless the termination is due to extreme unforeseen circumstances as noted in
clause 8.1.3;
8.3.2. any term of this Agreement which either expressly or by its nature relates to the
period of time after termination and/or the Services have been delivered, shall
remain in full force and effect;
8.3.3. both of us agree to stop using, either directly or indirectly any Confidential
Information, and shall immediately return to the other any documents in our
possession or control which contain any Confidential information.
9. Events outside of our control
9.1. Whilst we shall make every effort to deliver the Programme to you, certain events may
arise which are outside of our control and which may affect our ability to deliver the
Programme. Such events may include an Act of God, Strike, War, Riots, Lock Outs, Fire,
Flood, Accident, Delays in Transit, any Act/Omission of a Telecommunications officer or
Third-Party Supplier of Services, or any other circumstances beyond our control
(“Events’). Should an Event occur then the timescales for delivery of the Programme shall
be extended until a reasonable time after the Event, and under no circumstances shall we
be liable for any loss or damage suffered by you as a result.
9.2. We acknowledge the importance of telecommunications to the delivery of the Programme
and agree to use our reasonable endeavours to seek alternative arrangements to limit any
delay caused by issues or failure of Telecommunications services. This clause will not
apply where an Event occurs.
9.3. In the event we are unable to deliver the Programme as a result of an Event occurring
which extends for longer than 90 days, you will be entitled to terminate this Agreement by
giving notice in writing. In the event of such termination we shall agree upon a fair and
reasonable pro-rata payment for all Services provided up to the date of termination.
10. Confidentiality, Intellectual Property and Data Protection
10.1. For the purposes of this Agreement Confidential Information shall mean personal
information, ideas, any business practices, materials, content, documents, video and audio
recordings, presentations, resources, downloads, podcasts, workbooks or any other
confidential and/or proprietary information (“Confidential Information”).
10.2. In order for you to benefit fully from this Programme, you accept that you and other
Programme Participants will be encouraged to disclose Personal Data and / or Confidential
Information. We understand and respect the value of such information and shall not, either
directly or indirectly, communicate or disclose, make available to, or use for our own
benefit or for the benefit of any other person or entity any Confidential Information that you
may disclose to us or that may be disclosed as part of your participation in the Programme
other than to our employees, contractors, agents or advisors, to the extent necessary for
delivery of the Programme.
10.3. Confidential Information, for the purposes of this Agreement excludes any information that:
10.3.1. was already known to us prior to being provided with that information by you;
10.3.2. is already accessible in the public domain;
10.3.3. is provided to us by a third party separately from this Agreement and without any
breach of the terms of this Agreement; or
10.3.4. is produced, developed or collated by us independently of you and without any
breach of the terms of this Agreement.
10.4. Where we process your personal data we shall do so in accordance with the terms of our
Privacy Notice which can be found on our website at https://www.rachelalyce.co/privacy
10.5. We are grateful to receive testimonials, comments, reviews, images or similar information
(“Reviews”). As part of this Agreement, you consent for us to exhibit, copy, publish,
distribute, use on or in any of our website, pages, other social media sites, advertising,
marketing campaigns or email communications any of these Reviews as we reasonably
require to lawfully promote our business. You can withdraw your consent at any time by
emailing us.
10.6. By purchasing the Programme you hereby agree and undertake that from the date of this
Agreement:
10.6.1. not to infringe any of our, or any Programme Participant’s copyrights, patents,
trademarks, trade secrets or other intellectual property rights;
10.6.2. that any Confidential Information disclosed by us or another Programme
Participant is confidential and proprietary, and belongs solely and exclusively to
us or the Programme Participant that disclosed it;
10.6.3. not to disclose, communicate, reproduce, distribute, make available to or use for
your own benefit, whether personally or commercially, and whether directly or
indirectly, our Confidential Information and any other materials and resources
provided during delivery of the Programme or use it or them in any manner other
than as necessary as part of your participation in the Programme;
10.6.4. not to use any of our Confidential Information or other materials or resources for
any purposes which are unlawful, would cause harm or distress to another
person, or would cause damage to our business or reputation;
10.6.5. that all information and data provided by us or any other Programme Participant,
whether marked Confidential or not is that party’s confidential and proprietary
intellectual property and belongs solely and exclusively to the disclosing party,
and may only be used by you as expressly authorised by the disclosing party
and nothing in this Agreement constitutes a transfer of any intellectual property
or grant of a license or any right to use unless expressly agreed in writing by the
disclosing party;
10.7. As part of our delivery of the Services we shall grant to you a personal, limited,
non-transferable, non-exclusive, revocable licence to access and use the materials and
resources we provide solely for your private and personal use. Your licence becomes valid
upon payment of the Fee and any other monies owing to us.
10.8. Where any of the materials and resources we provide contain intellectual property
belonging to a third party, your use of that material will be governed by that third party’s
terms and it shall be your responsibility to seek consent to use that material. We will not be
liable to you in connection with your use or attempted use of any materials which contain
intellectual property belonging to a third party.
11. Liability
11.1. We have made every effort to accurately represent the Programme and the Services. Any
testimonials and/or examples of results experienced are not intended to represent or
guarantee that anyone will achieve the same or similar results. Each individual’s success
depends on many factors, including his or her background, dedication, desire, and
motivation. As with any business endeavour, there is an inherent risk of loss of capital and
we make no guarantee, representation or warranty with respect to the Services provided.
11.2. We shall not be liable to you for any indirect, consequential or special damages.
11.3. In the event you incur damages as a result of our default or violation of any of the terms of
this Agreement, then our entire liability under this Agreement is limited to the Fee amount
paid by you to us as at the time the loss is sustained.
11.4. Throughout the duration of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our company, agents, employees, contractors, or clients, or its or their reputation or which would
reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
11.5. Should a dispute arise between us in connection with this Agreement which we are unable
to resolve amicably then we both agree to refer the matter to an independent mediator for
resolution. In the event an agreement can still not be reached then legal action can be
Commenced.
11.6. Neither one of us shall be liable to the other or be deemed to be in breach of this
Agreement by reason of any delay in performing or any failure to perform any of our
obligations if the delay or failure is due to any cause beyond that party’s reasonable Control.
11.7. You agree to indemnify us against any costs, liability, damages, loss, expenses, claims that we incur as a result of your default or violation of any term of this Agreement.
12. Notice
12.1. Any reference in this Agreement to the provision of a notice shall mean notice in writing
sent by email to the email address included in this Agreement. All emails will be taken as
delivered 48 hours from valid transmission.
12.2. If you change your contact email address it will be your responsibility to notify us so that
we can update your records.
13. General
13.1. The failure of either one of us to actively enforce any provision of this Agreement shall not
constitute a waiver, diminution or limitation of any right (including any enforcement rights).
13.2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for
any reason then that provision shall be struck out and the remaining provisions shall
remain valid and enforceable.
13.3. This Agreement represents the entire agreement between us and supersedes all other
negotiations, drafts, correspondence and discussions prior to the date this Agreement is
13.4. You agree that no other representations have been made by us to induce you into
purchasing the Programme and no modification to this Agreement shall be effective unless
in writing and signed by us both.
14. Applicable Law
1.2. This Agreement is formed in the United Kingdom, which is our principal place of business,
and this Agreement and the rights of us both shall be governed by the laws of England.